Privacy Rights of Students and Parents

PS#5602

Issue # 1

Page 1 of 5

TITLE: Privacy Rights of Students and Parents

AUTHOR: Registrar

EFFECTIVE: Fall, 1982

PURPOSE: To define university procedures concerning student records

REVIEWER: Registrar

OPERATING DETAILS:

1. Students have the right to inspect and review their education records upon written request to the university official responsible for maintaining the records. The university has forty-five days in which to respond to such a request. Parents of students who claim these students as dependents for federal income tax purposes will be permitted to inspect and review the student's educational records unless the student has executed a written request denying the parents named therein the right to inspect and review the records. A student or his or her parent will receive an explanation of any part of the record.

2. The university will not deny any student the right to review his or her records except for records that are specifically exempted from the provisions of the law. A denial of the right to review a record may be appealed to a faculty committee described later in this statement.

3. No charge will be made for searching out or retrieving records; however, if the student requests a copy of the records, a photocopy charge of twelve cents per page or partial page will be made.

4. Students may request a change in education records they believe to be inaccurate or misleading. The university must reply to this request within thirty working days. A decision to deny such a request may be appealed to a committee designated to hear grievances arising from the application of this act. A request for a committee hearing should be addressed to the Office of Student Affairs.

5. If the hearing causes the record to be amended, the amendment will be made and the student so notified.

6. If no amendment is made, the student may place an explanatory statement in the record, to be kept there so long as the record is maintained. The record shall not be shown, in whole or in any contested part, unless this statement is also shown.

7. The following records are not considered "educational records" and are not subject to review upon request by students or parents:

a. Records of instructional, supervisory and administrative personnel and ancillary educational personnel which are in the sole possession of the maker are not accessible or revealed to any other individual except a substitute.

b. Records of the MUW law enforcement agency which are maintained solely for law enforcement purposes; maintained apart from the students education records; and are not disclosed to individuals other than law enforcement officials of the same jurisdiction.

c. Employment records except for student records.

d. Medical, psychiatric and psychological records maintained for use in connection with the treatment of a student.

e. Records containing only information relating to a person after that person was no longer a student.

f. Records pertaining to persons who have never been in attendance such as an applicant for admission, including records relating to an application for admission to the MUW Graduate School by a undergraduate student at MUW.

g. Financial records and statements of parents.

h. Confidential letters and statements of recommendation placed in an educational record prior to January 1, 1975, provided they were understood to be confidential and are used only for the purposes for which they were specifically intended.

i. Confidential letters placed in the educational records on or after January 1, 1965, concerning admission. The university has the right to destroy an application to the university, an application for employment or the receipt of an honor, PROVIDED the student has waived his or her right to review these statements.

j. Other material that the student has waived the right to see. MUW may REQUEST such a waiver but NOT REQUIRE IT. Such a waiver must be in the form of a written, signed and dated statement and must specify the class of education record involved, the class of person and institutions involved. This waiver may be revoked at any time. The revocation must be in writing, signed and dated and will apply only to material added to a record after the date the waiver is revoked.

8. The following records are educational records and are maintained by the MUW official indicated:

a. Records of dates of attendance, courses taken, grades and quality points earned, quality point averages, probation and exclusion, academic majors, degrees awarded, name and address of students and parents, Registrar, Administration Building.

b. Standardized test results, Director of Counseling Center, Mabel Ward, and vice President for Academic Affairs, Administration Building.

c. Job placement materials, Placement Coordinator, Mabel Ward.

d. Recommendations for students applying for internships, including student teaching, the Division Head administering the program.

e. Files on student disciplinary matters and on general student personnel matters, Office of Student Affairs.

f. Financial records other than those excluded, Comptroller, Welty Hall.

g. General Directory Information, director of Public Information.

h. The post office address for those respective MUW officials is Mississippi University for Women, Columbus, Mississippi, 39701.

9. The university has a right to destroy an education record unless (1) There is an outstanding request to review it; (2) It has an explanation by a student commenting upon the information in the education records of the student and/or setting forth any reason for disagreeing with the decision of MUW not to change the student's education records as provided above; or 3) It is a record of access to a record that is being maintained.

10. The university will not disclose personally identifiable information from a student's education records without his of her prior written consent except as follows:

a. To parents who claim the student as dependent for federal income tax purposes. It will be presumed that a parent has the right to information from a student's education records unless the student has requested in writing that a parent be denied this right or unless there is a legally binding instrument on file to the contrary and if the parent submits an affidavit stating that the student is a dependent for federal income tax purposes.

b. To university personnel including teachers, counselors, administrators and clerical workers who must have the information to conduct usual university business.

c. To representatives of the Comptroller General, the Secretary of Health & Human Services, the U.S. Commissioner of Education, the Director of the National Institute of Education, the Assistant Secretary of Health & Human Services, or state education for the purposes prescribed by title 20, United States Code Annotated Section 1232 (b) (3).

d. In connection with financial aid for which a student has applied or which a student has received; provided that personally identifiable information from the education records of the student may be disclosed only as may be necessary for such purposes as:

1. To determine the eligibility of the student for financial aid.
2. To determine the conditions which will be imposed regarding the financial aid, or
3. To enforce the financial aid.

e. To state and local authorities requiring such information under statutes adopted prior to November 19, 1974.

f. To organizations conducting studies for, or on behalf of, educational agencies of institutions for the purpose of developing, validating or administering predictive test, administering student aid programs and improving instruction; PROVIDED that the studies are conducted in a manner that will not permit the personal identification of students and their parents by individuals other than representatives of the organization, and information will be destroyed when no longer needed for the purposes for which the study was conducted.

g. To accrediting organizations when needed to carry out their accrediting functions.

h. To comply with a judicial order or lawfully issued subpoena in advance of compliance therewith.

i. To appropriate persons in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

11. Prior written consent of the student is required before the university will release personally identifiable information except as previously noted. The written consent must be signed and dated and shall include a designation of the specific education record to be disclosed, the purpose of the disclosure and the party or class of parties to whom the disclosure may be made.

12. MUW will maintain a Record of Disclosure for each request for and each disclosure of personally identifiable information from the education records of the student. This record of Disclosure will indicate (1) the parties who have requested or obtained the personally identifiable information from the education records of the student and (2) the legitimate interests the party has in requesting or obtaining the information. Disclosures to the student, disclosures to parents, disclosures pursuant to the written consent of the student which disclosure is to be made, disclosures of the official mentioned in Paragraph 10c above and disclosures of Directory Information will not be recorded.

13. Personally identifiable information shall only be transferred to a third party by MUW on the condition that such party will not permit any other party to have access to such information without the consent of the student.

14. MUW will disclose directory information as it deems appropriate unless the student notifies the Director of Public Information no later than two weeks after his or her registration for any semester or summer school term that he or she does not want such information disclosed. The following information is considered directory information: (1) student's name (2) address (3) telephone number (4) date and place of birth (5) major field of study (6) participation in officially recognized activities and sports (7) weight and height of members of athletic teams (8) dates of attendance (9) degrees, honors, and awards received (10) the most recent educational agency attended by the student (11) names and addresses of parents and guardians.

15. Notice that MUW complies with section 438 of Public Law 90-247, Title Iv, as amended, will be carried in the catalogs and the Student Handbook.